HomeMy WebLinkAbout045-94RESOLUTION NO. 45-94
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
AND APPROVING GENERAL PLAN AMENDMENT GPA 93-01 AND
CONCURRENTLY APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST PUD 94-01 REQUEST BY DIABLO VENTURES WEST/JOHN WRIGHT
VENTURES - A PORTION OF APN #206-010-012
WHEREAS, Diablo Ventures West/John Wright Ventures have received authorization for
a General Plan Amendment Study to consider commercial development on a 2.0 +/- acre
site; and
WHEREAS, the subject site is located at the southeast corner of Center Way and Crow
Canyon Road and north of Subdivision 7132, and is identified as the north westerly
portion of the 13.0+/- acre site identified as a portion of Assessor's Parcel Number 206-
010-012; and
WHEREAS, Diablo Ventures West/John Wright Ventures have requested approval of a
General Plan Amendment (GPA 93-01) and Preliminary Development Plan - Rezoning
(PUD 94-01) request for a gas station and carwash; and
WHEREAS, The proposal requires the Danville 2005 General Plan to be amended from
Residential - Multiple Family - Medium Density (13-21 units/acre) to the Specialized
Commercial land use designation; and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request to establish a Planned
Unit Development District; and
WHEREAS, A draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHEREAS, the Planning Commission considered this item at the meeting of March 8,
1994; and
WHEREAS, the Planning Commission adopted Resolution No. 94-11 recommending that
the Town Council approve the Negative Declaration of Environmental Significance; amend
the General Plan; and approve the rezoning to a new P-l; Planned Unit Development
District; and
WHEREAS, an administrative staff report was submitted to the Town Council
recommending that they accept the Planning Commission recommendation; and
WHEREAS, the Town Council did review the project at a noticed public hearing on April
5, 1994; and
PAGE i OF RESOLUTION NO. 45-94
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville grants a Negative Declaration
of Environmental Significance and approves General Plan Amendment request GPA 93-01
and Preliminary Development Plan - Rezoning request PUD 94-01; per the conditions
contained herein, and makes the following findings in support of these actions:
GENERAL PLAN AMENDMENT FINDINGS
The General Plan Amendment is consistent with the Goals and Policies of the
General Plan (Goal 4; Policy 4.07).
The proposed land uses and accompanying building designs are appropriate for
the site and area and will not adversely effect the preservation of present aesthetics
and other community qualities.
e
The General Plan Amendment will not adversely effect the Town's ability to
maintain high-quality public facilities and services.
The General Plan Amendment will provide a needed service and will not adversely
effect the quality of life within existing developed areas of the community.
The General Plan Amendment will not adversely effect the harmony between
Danville's development and it's physical setting.
The Specialized Commercial land use designation will limit the commercial uses
that are appropriate for the site.
PRELIMINARY DEVELOPMENT PLAN - REZONING FINDINGS
1. The proposed PUD Rezoning will substantially comply with the General Plan.
The uses proposed or authorized in the land use district are compatible within the
district and to uses authorized in adjacent multiple family districts.
3. Community need has been demonstrated for the use proposed.
The commercial development will constitute a commercial environment of
sustained desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
5. The development will mitigate off-site traffic and drainage impacts through the
PAGE 2 OF RESOLUTION NO. 45-94
assurance of off-site improvements in a manner acceptable to the Town.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the locality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing previously
approved for this site will be provided on the remaining 11.0+/- acres of the site
(5% of the 196 units (10 units) and will be made available to households earning
120-140% of the area's median income level; and 10% of the housing units (20
units) will be made available to households earning 80-120% of the area's median
income level.
,
Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention of a greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would require important revisions
of the prior EIR; and (4) no new information of substantial importance to
the project has become available which would require an additional or
supplemental EIR.
Project specific studies related to traffic and noise indicate that the proposed
development will not create any significant environmental impacts on the
circulation system in the area or as related to adjacent land uses.
PAGE 3 OF RESOLUTION NO. 45-94
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a gas station and a carwash facility located on a portion
of the site identified as Tassajara Ranch - Parcel E. Conditions of approval
are applicable to both of the proposed developments unless otherwise
specifies. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
here,n;
"Conceptual site plan - L.P.C./Union Bank Property" dated received
by the Planning Division on February 1, 1994, prepared by Craig and
Wood Architects, consisting of one sheet and marked Exhibit E in the
Planning Commission Staff Report dated March 8, 1994.
Carwash elevations prepared by LS Associate Architects dated
received by the Planning Division on March 2, 1994.
Shell gas station and carwash elevations prepared by SLS Associates,
Inc. dated received by the Planning Division on March 2, 1994.
Preliminary landscape plan prepared by SLS Associates and dated
received by the Planning Division on March 2, 1994.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit. Notice should be taken specifically of
the Crow Canyon Benefit District (TATIF) fees, the Child Care Facilities fees,
Flood Control & Water Conservation District fees (Drainage Areas and
Mitigation), Plan Checking and Inspection Building and Engineering Division
fees.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified School
PAGE 4 OF RESOLUTION NO. 45-94
District have been, or will be, met to the satisfaction of these respective
agencies. SRVFPD's initial comments on this project are summarized in part
in their memorandum dated March 2, 1994.
t
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $1,300 unless the project is found to be De Minimus (i.e., a project
found to have no potential for an adverse effect on wildlife resources or the
habitat upon which the wildlife depends), in which case the fee shall be
$25.00.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land alteration
work within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of
California Archeology and/or the Society of Professional Archeology, shall
be notified. Site work in this area shall not occur until the archeologist has
had an opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If
prehistoric archaeological deposits are discovered during development of
the site, local Native American organizations shall be consulted and involved
in making resource management decisions.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless
otherwise approved in writing by the City Engineer for general construction
activity and the Chief Building Official for building construction activity.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
,
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
PAGE 5 OF RESOLUTION NO. 45-94
10.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a construction-
phases occupancy plan approved by the Planning Division. No structure
shall be occupied until construction activity in the adjoining area is
complete and the area is safe, accessible, provided with all reasonably
expected services and amenities, and appropriately separated from
remaining additional construction activity.
11.
The Specialized Commercial land use designation is for a gas
station/carwash on the north 1.0+/- acre and an upscale carwash/auto
detail facility on the south 1.0+/- acre portion of the site.
12.
Any other commercial land uses proposed for this 2.0+/- acre site shall
require approval of a separate General Plan Amendment application by the
Town of Danville.
B. SITE PLANNING
All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way. All exterior lighting fixtures shall be approved by the Design
Review Board and illumination of the carwash tower is specifically
prohibited.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
A masonry wall shall be constructed along the south and east property lines.
The wall shall have a height and design consistent with the existing wall
along the Crow Canyon Road frontage south of this site.
A Parcel Map shall be recorded dividing each of the two proposed one acre
parcels from the parent thirteen acre site prior to the issuance of building
permits for this development.
The Final Development Plan shall reflect a fire turnaround on the carwash
site or a emergency vehicle access easement shall be provided from Center
way across the gas station property.
PAGE 6 OF RESOLUTION NO. 45-94
C. LANDSCAPING
A final landscape plans (with planting shown at 1"=20' scale) shall be
submitted for review and approval in conjunction with submittal of the final
development plan application. The plan shall include common names of all
plant materials and shall indicate the size that various plant materials will
achieve within a five year period of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and shall be
designed to avoid runoff and overspray.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover shall be placed so that they
fill in within two years.
In compliance with the Town's landscape guidelines, proposed lawn areas
within the project shall not exceed a maximum of 25 percent of the total
landscape area.
Decorative pavement shall be utilized at all project entries along Crow
Canyon Road and Center Way. The materiMs to be utilized shall be subject
to review and approval by the Design Review Board in conjunction with the
review of the final development plan application.
The final landscape plans shall provide details of the perimeter wall
locations and construction details.
Landscaping along Crow Canyon Road shall be maintained by the
developer. However, landscaping and irrigation installed in landscaped
areas along the project's Crow Canyon Road frontage shall meet the Town
of Danville standards for publicly maintained landscape areas.
The landscape areas along Crow Canyon Road shall be a minimum of 30'
feet in depth. The landscape area may be reduced to a minimum width of
20' if vehicular movement in this area is adequately screened from Crow
Canyon Road by a berm or retaining wall. The final landscape and irrigation
plan shall include a landscape section illustrating the immediate visual
impact of on site vehicles from Crow Canyon Road at the time of plant
PAGE 7 OF RESOLUTION NO. 45-94
installation.
10.
The final landscape and irrigation plan shall include landscape medians with
tree planting in the parking area south of the carwash (a minimum of two
planters).
11.
An expanded area shall be provided adjacent to the pedestrian entry/exit of
the carwash. The final landscape and irrigation plan shall illustrate furniture
to be utilized in this area.
12.
The final landscape plans shall include a section indicating the proposed
landscape treatment on both sides of the masonry walls along the south and
east property lines.
13.
The landscape plan shall utilize plant materials that are consistent with
existing planting along Crow Canyon Road and the approved landscaping
for the adjacent parcel to the east.
14.
Additional planting shall be developed around the Shell gas station buildings
and around the perimeter of the site.
D. ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened
from view with landscaping or materials architecturally compatible with the
main structures.
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six
foot high masonry walls on three sides with steel framed gates and wood
bolted to the gates. Gates will be self-closing and self-latching.
The street numbers for each structure in the project shall be posted so as
to be easily seen from the street at all times, day and night.
Samples of final materials and the proposed color pallet shall be submitted
for review and approval by the Design Review Board prior to the issuance
of building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. The submittal shall include all relevant
architectural details (window trim, type of glazing).
PAGE 8 OF RESOLUTION NO. 45-94
Any signing proposed for this development shall be detailed on the
application materials submitted for the final development plan application.
The maximum height of the carwash and gas station facility shall be twenty
five feet.
Details of the architectural shade structure proposed above the vacuum area
trellis shall be subject to review and approval by the Design Review Board.
E. PARKING
* 1.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang.
Designated employee parking spaces shall be indicated on the final
development plan.
F. GRADING
* 1.
Any grading on adjacent properties will require written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list
shall be included. The list shall be kept current at all times and shall consist
of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
PAGE 9 OF RESOLUTION NO. 45-94
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
e
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October) and, if
construction does occur during the rainy season, the use of sediment traps
and other devices to minimize erosion.
All new development shall be consistent with modern seismic design for
resistance to lateral forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Depat*i~nent. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Depa~:Ln~ent, the applicant shall make
provisions for immediate containment of the materiMs.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed. A NPDES construction permit may be required, as
determined by the City Engineer.
10.
The Parcel Map for this project shall indicate existing grades and proposed
finish grades (i.e., after construction of the approved residential project) on
the adjacent sites to the south and west.
PAGE 10 OF RESOLUTION NO. 45-94
G. STREETS
* 1.
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs which may be
required to be installed shall be subject to review and approval by the
Transportation Division and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or water-flushed each day.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standard
plans and specifications of the Development Services Department and
Chapters XII and XXXI of the Town Code. At the time project improvement
plans are submitted, the applicant shall supply to the City Engineer an
up-to-date title report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
The right of way dedication required along Crow Canyon Road shall be
reflected on the Parcel Map submitted for the site.
This development shall be responsible for an asphalt overlay on Center Way
subject to review and approval of the Engineering Division.
9. The acceleration/deceleration lane shall include a 4'-0" width bike lane.
10.
The developer shall developer relocate the existing utilities at the corner of
Crow Canyon Road and Center Way, including the traffic signal.
11.
The proposed driveways along Crow Canyon Road shall have a minimum
throat width of 32'- 0".
PAGE 11 OF RESOLUTION NO. 45-94
12.
The Final Development Plan shall include provisions for restricting access
from Center Way to the southerly carwash during closing hours.
13.
The Final Development Plan shall include a signing and striping plan for the
carwash access driveway from Center Way.
H. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District (CCCFC & WCD).
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility of the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the construction
of off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets.
PAGE 12 OF RESOLUTION NO. 45-94
10.
All new utilities required to serve the development shall be installed
underground.
* 11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
Maximum hours of operation for the carwash and detail operation shall be
8:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m on
Saturday and Sunday. Seasonal variation in hours of operation shall require
prior written approval by the Chief of Planning.
No outside loudspeakers or radios are permitted as a part of the carwash
operation.
Exterior ground noise levels measured from the adjacent townhouse
development shall not exceed 65 db.
The Tassajara Ranch Development Agreement shall be amended to include
the uses proposed.
The gas station carwash hours of operation shall be equivalent to those of
the Chevron station carwash on the west side of Crow Canyon Road.
APPROVED by the Danville Town Council at a Regular Meeting on April 5, 1994, by the
following vote:
AYES: Ritchey, Doyle,
NOES: Greenberg
ABSTAINED: None
ABSENT: None
Shimansky, Waldo
Mayor
APPROVED AS TO FORM:
ATTEST:
City Attorney City Clerk
agpz26
PAGE 13 OF RESOLUTION NO. 45-94